Panelists
Jerry Cohen, Burns & Levinson, LLP
Mark Hogge, Dentons
Bryan Schwartz, Squire Patton Boggs (US) LLP
Moderator
Bryan Schwartz, Squire Patton Boggs (US) LLP
The recent enactment of the Defend Trade Secrets Act (DTSA) may significantly affect Section 337 trade secret practice. This program will explore the potential ramifications of the DTSA’s definition of trade secret misappropriation and the yet-to-be developed case law under the DTSA on Section 337 trade secret cases, with illustrations from recent cases. The program will also assess the DTSA’s extraterritorial reach in comparison to that of Section 337 and consider the Federal Circuit’s Tianrui (foreign misappropriation) and ClearCorrect (electronic importation) decisions in light of that comparison. The program will also raise the question of what impact the DTSA might have on forum choice and other strategic considerations related to initiating a trade secret case under Section 337.